A motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maine Motion to Quash Subpoena Ducks Cecum on the Grounds that Subpoena is Unreasonable and Oppressive is a legal document filed by a party in a lawsuit to challenge the validity or enforceability of a subpoena. This motion is commonly used when the party believes that the requested documents or information are burdensome, irrelevant, or designed to harass or intimidate. In Maine, there are different types of motions that can be filed to challenge a subpoena duces tecum. Some of these types include: 1. General Motion to Quash: This motion argues that the subpoena is unreasonable and oppressive due to the broad scope of the requested documents or information. It asserts that complying with the subpoena would cause undue burden, expense, or invasion of privacy. 2. Relevance-based Motion to Quash: This type of motion focuses on the lack of relevance of the subpoenaed materials to the issues in the case. It argues that the requested documents or information have no bearing on the claims or defenses and will not assist in the discovery process. 3. Privilege-based Motion to Quash: This motion asserts that the requested documents or information are privileged and protected from disclosure. It may claim attorney-client privilege, doctor-patient privilege, or other applicable privileges recognized under Maine law. 4. Burden-based Motion to Quash: This type of motion argues that the burden of compliance with the subpoena outweighs its potential benefits. It emphasizes the cost, time, and effort required to locate, gather, and produce the requested documents or information. 5. Harassment-based Motion to Quash: This motion alleges that the subpoena is being used as a tool to harass, intimidate, or burden the party requested to produce the documents or information. It may present evidence of a pattern of abusive or excessive subpoena practices by the opposing party or their counsel. In support of a Motion to Quash, the party seeking relief must provide a detailed explanation of their arguments, including specific reasons why the subpoena is unreasonable and oppressive. They may cite relevant case law, statutes, and court rules to support their position. It is crucial to include all relevant keywords and legal terms in the motion to align it with the specific requirements and procedures followed in Maine courts.
